Positive Gun News of the Day

[Bone]

In other news, Robeson County woman shoots, kills intruder

The woman and her toddler-aged child left the house to run an errand, Thompson said.

While she was gone, the Sheriff’s Office had received an alarm activation indicating someone had broken into the house, Thompson said.

The woman returned before deputies arrived, finding the Jeep parked in her driveway. The woman, who Thompson said is a military wife, entered the residence with her handgun.

"There was a gentleman on the inside of the house coming down the hallway,‘’ Thompson said. "She looked at him, he looked at her. He had her iPad in his hand. She started shooting.‘’

DGU with one death. Seems like the homeowner was well prepared to deal with the situation - though I’d question the “gentlemen” characterization.

[GusNSpot]

My kind of gal.

[Bullitt]

@Bone

It may be surprising, but in many of the less populated counties local sheriffs will approve CCW permits. Those permits are valid statewide as well.

Don’t I know it. A CCW won’t happen for me in Santa Clara County in the foreseeable future.

[bengangmo]

@Bone

In other news, Robeson County woman shoots, kills intruder

DGU with one death. Seems like the homeowner was well prepared to deal with the situation - though I’d question the “gentlemen” characterization.

I pad theft punishable by death.

[carnivorousplant]

@bengangmo

I pad theft punishable by death.

If she would not be interviewed, we don’t know how things happened.

[Scumpup]

@bengangmo

I pad theft punishable by death.

Rather, crime is a high-risk job.

[Bone]

@bengangmo

I pad theft punishable by death.

More like, breaking into a person’s home and presenting a threat of serious bodily injury is defendable by lethal force.

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In other news, Would-be burglar confronted by armed homeowner

Police said the homeowner, a Marine veteran, was asleep and heard a noise coming from the back porch about 11:50 p.m. Thursday. He investigated, and reportedly saw a man on the back porch attempting to break in.
The homeowner got his gun and ordered the man, later identified as Price, to leave. Price saw the gun and fled, police said.
One of the officers responding to the incident saw Price, detained him and placed him under arrest.

DGU with no injuries. No good comes after 11pm at a stranger’s house.

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In other news, NE ABQ Shop owner fights alleged robbers

KOB has confirmed that at least two suspects tried to steal from the store but their attempt was cut short when the store owner started fighting them back.
"While he was confronted by the subjects they hit him with a blunt object in the head he was able to fire back at a round at one of the subjects and he hit one of the subjects,” APD Officer Daren DeAguaro said. “There was blood everywhere.”
Witnesses say they saw other suspects put the man who was shot into a car and drive away.
…
KOB has also been told that as the suspect, who died, was being taken into the ER, there were coins and gold bars falling out of his pockets.

DGU with one death and an injured store owner.

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In still more news, Second suspect arrested in attempted robbery that killed one suspect

Police got a call to Gift Card ATM store on West Mercury Boulevard near Salem Street at 6:21 p.m. Friday, according to Sergeant Matt Bond.

Officers found Timothy Johnson, 18, suffering from a gunshot wound and pronounced him dead on the scene.

Less than a mile away on Seldendale Drive, police found Veney suffering from a non-life threatening gunshot wound. Paramedics took him to the hospital for treatment.

Investigators say Johnson and Veney went into the store to rob it, but a store employee who was legally carrying a gun shot them both.

DGU with 1 death. 2vs1 and the one prevailed, hitting both robbers.

[Bone]

In other news, Woman fatally shot man who broke into Woodlawn home

About 5:15 a.m., the 30-year-old man broke into a home in the 400 block of East 62nd Street and began to beat the woman who lived there, according to Chicago Police.

The 28-year-old woman was able to grab a handgun and shot the man to death during the struggle, police said.

DGU with one death. The resident knew the attacker as well. Previously before Chicago issued FOID cards this sort of thing would have ended much worse.

[Bone]

In other news, Shooting of intruder in Spokane deemed justified

A Spokane man was justified when he shot and killed an intoxicated man shouting threats and trying to break into his home through the storm door.
The Spokane County Prosecutor’s Office made that ruling on Monday.
The prosecutor says Kevin Elliott shot Jerry R. King, 39, Jan. 30 after showing King his gun and warning him that he’d shoot.
According to a press release from the county, Elliott was in his own home and had no duty to retreat. He felt threatened for himself, his wife andl baby.

DGU with one death. Another person shot through a storm door. I am not familiar with what that is but it seems to be translucent? Threatening someone in their home after they issue warnings and display a firearm is risky business.

[carnivorousplant]

@Bone

Threatening someone in their home after they issue warnings and display a firearm is risky business.

The guy was intoxicated.

[Bone]

In other news, 92-year-old man fires shot at home intruder

Deputies say the homeowner, who lives in the 1400 block of Chase Street, heard the would-be invader, believed to be in his 20s or 30s, attempt to break down the door with an ax.

As the 92-year-old approached the door with a handgun, the suspect shattered a window and tried to climb through, the release says, prompting the homeowner to open fire.

DGU with no injuries. A 92 year old without a firearm and this could have gone much worse.

[Fear_Itself]

Burglar sues homeowner who shot him

Authorities said David A. Bailey, now 31, of Albany, Ind., broke into the garage of David McLaughlin of Dunkirk, Ind., on April 21, 2014.

McLaughlin, now 33, fired gunshots at the intruder he saw fleeing his property. One of the bullets hit Bailey in the left arm as he ran down an alley.

In September 2014, a Jay County Superior Court jury here found McLaughlin guilty of criminal recklessness in the shooting. Judge Max Ludy later sentenced McLaughlin to 60 days in jail, to be followed with four months on home detention.

…

Bailey was in an alley behind McLaughlin’s home in this city of almost 2,500 residents when the homeowner “exited his residence and began firing his weapon into the air in response to a security alarm sound in his garage,” the suit claims. As Bailey fled down an alley, McLaughlin “continued to the public-right-of-way (and off his property) and continued firing his weapon down the dark alley.”

McLaughlin fired three shots at Bailey, the suit contends.

One narrowly missed the Albany man’s head. Another struck him in the back of the arm and pierced an artery, causing “serious and permanent damage.”

The lawsuit asks for “a monetary award in an amount sufficient to compensate (Bailey) for all damages."

There is a bright line between self-defense and criminal recklessness. Gun owners who cross that line will be held accountable.

[carnivorousplant]

@Fear_Itself

Burglar sues homeowner who shot himThere is a bright line between self-defense and criminal recklessness. Gun owners who cross that line will be held accountable.

Indeed.
Laws vary from state to state, but surely not even in Texas may one chase the fellow down the street as he flees while shooting at him.

[Gyrate]

The lawsuit is less of a positive story than the fact that the idiot was convicted of criminal recklessness. Shooting up a public street - Jeebus, man, those bullets go somewhere. He was lucky they didn’t go into an innocent bystander.

[Bone]

In other news, 2 wounded teens wanted in Uptown New Orleans armed robbery

Police said the armed pair approached the victims Wednesday (Jan. 27) around 11:12 p.m. near Austerlitz and Tchoupitoulas streets and demanded their property. Both victims complied and handed over their belongings, but one victim produced a pistol and shot the robbers, both of whom fled.

Ford and Hurlston were found in the 3900 block of Tchoupitoulas, suffering from non-life threatening gunshot wounds. They were taken to a local hospital by emergency medical services personnel, treated and released.

DGU with no deaths. So two people try to rob two other people and were thwarted when one of the victims is able to draw his own weapon and shoot both the robbers. What’s amazing is that the hospital that treated the two robbers released them. Apparently they claimed they were victims when they arrived at the hospital.

[Bone]

In other news, New Orleans gas station shooter sent from hospital to jail; claimed self-defense

Police said the melee started about 3:30 p.m. at the Claiborne Express station just off Esplanade Avenue. Macklin, who was driving a white Volvo, arrived at the gas station at the same time as a large group of men riding ATVs.

Macklin became “enraged” during an argument, according to an arrest report, and shot three of the men, ages 30, 31 and 32. Then one of the ATV riders, whom police have not named, pulled out a legally owned weapon and shot back.
…
Police Superintendent Michael Harrison said Sunday that none of the men’s wounds are life-threatening.

Police said in the arrest report that statements from victims and witnesses made it “evident” that Macklin was the aggressor and responsible for the shooting.

Friedman, the magistrate commissioner, found probable cause in relation to the shooting for the three counts of attempted second-degree murder as well as illegal use of a weapon, illegal carrying of a weapon and possession of a firearm by a felon.

DGU with no deaths. So a convicted felon who was illegally carrying a firearm gets into an altercation with a group of people and shoots three of them. One of the three is a licensed to carry a concealed weapon and fires back, hitting the aggressor in the head. After originally claiming he was a victim, police arrest him after it’s clear he was the aggressor. Another case of folks being shot and being able to take themselves to the hospital.

[Gray_Ghost]

@carnivorousplant

Indeed.
Laws vary from state to state, but surely not even in Texas may one chase the fellow down the street as he flees while shooting at him.

I am not a lawyer, but go read Texas Penal Code sections 9.41 and 9.42. You might be surprised. Heck, I’ll quote them in their entirety below.

SUBCHAPTER D. PROTECTION OF PROPERTY

Sec. 9.41. PROTECTION OF ONE’S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

[I omitted the language about which Legislative Acts gave rise to these Code sections.]

Given the quoted material, I can come up with a fact pattern that permits a homeowner to chase an immediately fleeing burglar carrying the homeowner’s tangible movable property, and use deadly force to prevent the thief’s escape. I’m not saying those facts were present in the case you’re mentioning. (And it’s not in Texas anyway.)

But, given certain preconditions, it is entirely legal for a Texas homeowner to pursue a thief, and use deadly force to prevent the theft of their personal property. It may not be a prudent thing for the homeowner to do though.

[Bone]

In other news, DeKalb County Sheriff’s employee shoots home invader

Neighbors told Channel 2’s Tyisha Fernandes they saw two females knock on the door minutes before the home invasion. Neighbors believe the girls were making sure no one was home.

“I just heard three shots, and they were loud like bang, bang, bang,” neighbor Furaha Merrit said.

Around 10:30 p.m., the sheriff’s employee was sleeping when her sons woke her up and said intruders were in the house.

Police say that’s when the woman grabbed her gun and shot one of the suspects. They dropped the television they were stealing and ran down the hill through Merritt’s yard.

DGU with no deaths. 3 vs 1 and the one prevailed. The article says it was a sheriff’s employee, but not an actual officer. Who still steals TVs?

[Bone]

In other news, Homeowner shoots burglar after struggle over weapon

She was shocked to hear that someone had broken into her neighbor’s home down the street. The Oklahoma City Police Department Sgt. Ashley Peters said the break-in happened around 3 a.m. Feb. 5. The family reported hearing loud banging on the door, like someone was trying to kick it in.

“At that time, he (the homeowner) retrieved his firearm that he had, which was a shotgun, and then made contact with the suspect that had entered the home,” Peters said.

Police say the suspect was Vernon Wyatt.

“There was a struggle that ensued and the suspect attempted to try and take the shotgun away from the victim,” Peters said.

Eventually the homeowner got full control of the gun and Wyatt began running away, but not before one round of birdshot was fired from the shotgun. Police caught up with Wyatt down the street, near Lawrence’s home.

DGU with no deaths. Maintaining adequate distance is not always possible in residence. I don’t subscribe to the idea that birdshot is adequate for home defense. Birdshot is for birds.

[carnivorousplant]

@Bone

Maintaining adequate distance is not always possible in residence.

Is this an example of how it is difficult to move around with a shotgun inside the house?